What is Muniment of Title?

If there are no debts to pay or any other need to empower the executor to gather assets or represent the estate one option is to present the Will to the Court to approve as valid. Upon acceptance by the Court the Will is entered into the Probate Records of the County. Certified copies of the Will and Order are sufficient to pass title to probate property.

This process is called Probate of Will for Muniment of Title. Out of state banks, insurance companies and brokerages sometimes do not understand this procedure and can be difficult to work with in this type of situation. Normally a short letter and a copy of the Probate Section on point is enough to persuade the attorney for the institution to deliver the property to the named beneficiaries.

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